Conditional Use Permit Report South Anna Magisterial District PC Meeting Date: January 21, Overview. Request

Transcription

1

2

3 CUP-1O-15, NATIONAL COMMUNICATION TOWERS Conditional Use Permit Report South Anna Magisterial District PC Meeting Date: January 21, 2016 Overview Request To permit a 199 telecommunications tower Zoning A-i. Agricultural District Acreage acres CUP Acreage 0.23 acres Location on the south line of Greenwood Church Road (State Route 657) approximately 550 feet east of its intersection with Hollows Drive (State Route 1347) GPINs General Land Use Plan Agricultural Major Thoroughfare Plan Greenwood Church Road 60 Minor Collector and Scenic Road Suburban Service Area Outside Case Planner Gretchen Biernot Executive Summan This is a request for a 199-foot telecommunications tower located within the Hollows Golf Course, approximately from Greenwood Church Road. The applicant indicates that the proposed tower will provide cellular phone and high speed internet service to the surrounding community where currently there is a large service coverage gap as demonstrated by propagation studies provided by the applicant. This proposal has raised tremendous interest from the community, both in support and in opposition to the request. Staff Recommendation APPROVAL subject to the conditions as outlined in the staff report.

4 Planning Analysis National Communication Towers, Inc. is requesting a 198 telecommunications tower with a 1 lightning rod that is designed to allow collocations for four or more users. Letters of intent have been provided from Verizon Wireless and Last Mile Broadband. The 199 tower has been designed and located to maximize coverage in the surrounding area. Towers exceeding 200 in height automatically require lighting by the FAA. A condition is recommended to ensure the height does not require lighting. The monopole tower will have a galvanized finish, which will be a metallic, silver-gray color. To illustrate the visual impact of the tower. the applicant raised a balloon to 199 at the proposed location in December From this balloon test. the applicant generated photo simulations of the proposed tower as observed from nine different locations in the surrounding area. While the distance from many neighboring properties and mature trees do help to reduce the visibility, the tower will be noticeable from properties towards the north and along Greenwood Church Road. One resident, whose house happens to be closest to the tower, requested another balloon test from the applicant, which was held on December 16, Photo simulations from both balloon tests are attached to this report. Residents have raised concerns about the accuracy of the photo simulations. However, staff was not made aware of either of the balloon tests, and therefore cannot assess the validity of this concern. Sketch Plan The sketch plan submitted shows a 100 x 100 lease area containing a 70 x 70 tower compound located approximately 742 from Greenwood Church Road. Access to the site will be provided by a 12 access road within the 30 ingress/egress/utility easement, which runs through the clubhouse parking lot. The 12 travelway within the parking area will require the removal of two parking spaces. The applicant has agreed to a condition that the language of the easement will state that use of the parking area within the easement will not be impeded with the exception of necessary maintenance of underground utilities. Beyond the parking area, the 12 access road continues as a gravel road to the tower compound. A maximum of 6-8 trips to the site is anticipated monthly. The compound and all equipment is proposed to be screened with a 6 wooden fence that includes a 14 wide gate. Many mature trees as tall as 60 surround the proposed tower compound. However, the staff would note that the trees beyond the CUP area are not protected, and the property owner could remove the trees from the property at any time. The applicant s engineer has certified that the tower will be designed to fall within a radius of 45 from the base of the tower, which more than meets the setback for the tower. The certification of the fall radius has been provided with this application. The nearest dwelling is located approximately 980 to the north. Comprehensive P/api! Compatibilfly with Surrounding Area The Comprehensive Plan encourages opportunities to optimize infrastructure that serves residents and businesses with wireless technology while ensuring that impacts to neighboring properties are minimized. The Zoning Ordinance requires minimum setbacks at 110% of the tower s fall radius from adjacent properties and roads to ensure the safety of neighboring residents. As previously noted, the applicant s engineer has certified that the minimum requirements will be met. The applicant s means of reducing the visibility of the tower above the treeline has been to choose a galvanized finish for the tower, which not only protects the steel of the tower from corrosion but also blends more naturaljy 7

5 with the changing colors of the sky. However, the proposed tower is not located so that existing trees adequately shield the tower from nearby homes and Greenwood Church Road, which is designated as a scenic road within the Comprehensive Plan. To lessen the visual impact and comply with the Ordinance specifications, staff recommends that the antennae arrays located on the tower be a flat panel design for a less intrusive appearance. A photograph of an existing tower with flat panel, flush mounted arrays is attached to this report. In addition, the Comprehensive Plan also advises that telecommunications facilities avoid any interference with County communication networks. The applicant has stated in their application that the facility will produce no interference with other types of communication. Citizen Input The applicant held a community meeting on December 2,2015, at the Hollows Golf Course clubhouse. Several residents in attendance supported the new tower by expressing the need for improved cell phone and Internet service. Many other residents voiced opposition to the tower due to visual impacts to the area and to the scenic views from their homes. Staff has also received many letters in support and in opposition to the proposed tower, which are attached to this report. Agency Analysis There were no substantive comments from any of the reviewing agencies. In accordance with Article 6, Division 3, Section , the site shall be developed and maintained in substantial conformity with the sketch plan titled, Hollows Cell Tower, dated October 29, 2015, revised December 21, 2015, and prepared by Sekiv Solutions. A site plan, prepared in accordance with the requirements of Chapter 26, Article 6, Division 2, of the Hanover County Zoning Ordinance, shall be submitted for review and approval prior to commencement of the requested use. Staff s Recommended Conditions Staff recommends the following conditions: 1. The tower shall be limited to a height of 199. Any telecommunication arrays located on the tower shall be of a flat panel design and flush mounted. 2. The deed of easement for the 30 wide ingress/egress/utility easement shall contain language which states that the easement will not impede the use of the existing parking spaces other than what may be required for the installation of or maintenance of underground utilities. 3. If the use of the tower ceases and the tower remains unused for a period of eighteen (18) months, the unused tower and associated and unused accessories shall be removed from the property. 3

6 4. The applicant shall provide certification, indicating the tower height and design, structure, illustrations of location and type of antennas which could be accommodated, and total anticipated capacity of the structure, and demonstrating to the satisfaction of the building official that all structural requirements and other safety considerations set forth in the Virginia Uniform Statewide Building Code and the standards adopted by the Electronics Industries Association, or any amendments thereof, can be met. This information shall be submitted and approved prior to Building Permit issuance. 5. Lighting, beacons, and/or other safety devices shall be prohibited. The tower shall be limited to a height of 199 or to a height that would not require lighting by the Federal Communications Commission or the Federal Aviation Administration, whichever is less. 6. No advertising material or signs shall be allowed on the tower. 7. A reclamation plan for the property shall be submitted and approved in conjunction with site plan review. 8. All equipment and tower facilities shall be screened with a minimum six (6) foot high wooden fence in accordance with Section of the Zoning Ordinance. 9. The operation of any equipment utilizing the tower shall not interfere with County s communications system. Any interference shall be corrected at the expense of the owner of the equipment causing the interference. 10. The applicant shall provide verification, through field measurements, that the operation of the communications facilities on site is within accepted maximum permissible exposure limits for electromagnetic radiation as established by the American National Standards Institute (ANSI) and the Institute of Electrical and Electronics Engineers (IEEE) and accepted by the Federal Communications Commission (FCC). 11. All development and use of the Property shall comply with all federal, State and local statutes, ordinances and regulations. GJWB/HTE Attachments Maps (land use, vicinity, zoning, aerial) El Historical Commission Recommendation El Approved Proffers/Elevations/Conceptual Plan El County Traffic Study Application Materials E Agency Review Comments El 527 Traffic Study E Citizen Correspondence E Photographs E Proffers/Conceptual Plan 4

7 Hanover County, Virginia Land Use Map Legend Agricultural Rural Village Suburban Transilional Suburban General Suburban High Multi-Family Commercial Mulli-Use Mixed-Use (LC/HR) Mixed-Use (HCILR) Business-Industrial Industrial Limited Industrial Planned Business Destination Commerce Flood Plain CUP-I 0-15 National Communication Towers Agricultural Land Use GPIN South Anna Magisterial District 41 1 inch= 1,317 feet

8 Hanover County, Virginia General Parcel Map Legend Roads Water Trees Private Road Structures Parcels I) CUP-I 0-15 National Communication Towers telecommunication tower Zoned A-I GPIN: South Anna Magisterial District 1 inchl3l7feet November02, 2015

9 4 DEEDIIEIDEUD - g UI IE1LJHHIEIIIII Xg,cs1.

10 CUP-I 0-15 National Communication Towers 2013 Aerial n.e Feet

11 L.g.nd tns Lacatan? fl,src,ct f

12 4 L 4ls/ is EXAMPLE FLUSH MOUNTED ANTENNA (Location: Atlee Community Church, Verdi Lane) EXAMPLE STANDARD ANTENNA (Location: Lee Davis Road at Lee Park Road)

13 r r \ wjmlz.tao&!1 L j1iipii1flh11iii I L r - Li r - - ozr FJ:O.1 in/tal COLP PROPERTIES. INC L&d ErA 2flR Pc;e L S# 78I? J2 21W Zoned: A! e FLWflWENTAL &W A9OMROES PC aook Poq 7531 Ic, 98,0.1; 194l 42 72!S ff14511 O,..n.oad Ch.,,oF, Al \ \ Co >r 0 0 p Go 9 4 FENCO ArID GATE OETAIL 0\I2nhJl5 DAlE OCT we 0 e tatlill 0082 F0l2;8eL C D0..9.ISCATflI 1O15 CC s3zr4 sr,la sa,.fle Ill 0lC.nC. 1A22121 I,.nl 1828 Cl OTTII.Os inc,gsilaglea HOLLOWS CELL TOWP H4W3V1R VA CON D mo N A L USE PEPMET PLAN 2 1EIONOPOLE ELEVAUOOI SCHEMATIC SITE PEAN a, 180. Zn cup to